to which it immediately became final. To make the situation even worse, the petitioner was
ordered to pay the fee for the withdrawal of the petition.
In addition, in several procedures the courts transferred to the parties the burden of evidence
that the court is obliged to obtain, so that the parties were asked to submit certificates on not
being registered in birth registry books, although the Law on Non-Contentious Procedure
provides that the court shall order to registrars to check whether their records contain
information on the date and place of birth of the person whose birth is being determined.5
DISPUTABLE SITUATIONS: In the previous years, there were some typical cases in
which certain courts refused to conduct procedures. These procedures involved the persons
who had been registered in the civil registry books that became unavailable to the authorities
of the Republic of Serbia after the 1999 conflicts in Kosovo, as well as the persons who had
been registered in the civil registry books administered in Kosovo, but not in the civil registry
books administered by the authorities of the Republic of Serbia. In 2016 Praxis also had
several such cases.
The beneficiary of Praxis F.G. used to be registered in birth registry books for the
Municipality Đakovica, but after 1999 those books became unavailable. Since that year she
has lived in Belgrade as an internally displaced person, where she gave birth to eight children.
For years she has not succeeded to re-register in the administrative procedure and therefore in
2016 she filed a petition to the court for determining the date and place of birth. She enclosed
her birth certificate and citizenship certificate as evidence, obtained in the meantime in
Kosovo. Since 1999 she has lived without any documents and hoped that these documents
could be useful in her everyday life. But it was not the case, because the documents issued by
the Kosovo authorities have no legal force in Serbia. However, it turned out that they were
very important for the court, but unfortunately not in the way expected by F.G, who submitted
these documents along with the petition to facilitate the court’s decision determining the date
and place of her birth, since she did not have any other document with her name on it.
However, immediately after initiating the procedure and without holding the hearing, the
court issued a decision refusing the petition. The decision stated that “by reading the birth
certificate from the Republic of Kosovo... it has been established that the fact of birth was
registered in the Birth Registry Book“, and that “by reading the certificate on the citizenship
of the Republic of Kosovo... the court has established that F.G. is a citizen of the Republic of
Kosovo“. The court further states that the “fact of date and place of birth of F.G. has already
been determined, and therefore the conditions for initiating and conducting this procedure
have not been met. This is because F.G.’s personal status has been regulated and she is not a
legally invisible person... since the petitioner’s personal status has been regulated in the
territory of her birth.” Finally, the court engaged in establishing the party’s motive for
initiating a procedure, although the basis for it is unclear, since the decision was issued
without even summoning the party to give a statement: “The court concludes that the
petitioner’s interest is not to conduct the procedure for determining the facts of date and place
of her birth, since that fact has already been registered in birth registry books... but that the
petitioner has other legal interest, i.e. to acquire the personal documents of the Republic of
Serbia, ID card, and to exercise other rights arising therefrom, which cannot be accepted by
the court as interest for conducting this procedure“. The cited allegations show that the court
completely disregarded the facts that F.G. had been living for years in Belgrade and without
any documents, that she had given birth to eight children there and that since long time ago
5
Article 71g of the Law on Non-Contentious Procedure
4
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